Author: Kelly Smith-Haley, Fox, Swibel, Levin & Carroll, LLP

FMLA

Think You Can’t Terminate an Employee on FMLA Leave? Think Again

One of the biggest misconceptions about the Family and Medical Leave Act (FMLA) is that it insulates employees from disciplinary proceedings while they are on FMLA-approved leave. Anyone who assumes that taking FMLA-protected leave provides some type of protection from all disciplinary actions would be wise to remember the age-old adage about assumptions, as one […]

401k

401(k) Expenses Lower in 2016 Due to Demand for Passive Funds, Price Wars

Remaining informed and aware of investing trends is one of the many duties that come with being an employer plan sponsor or serving on a plan’s investment committee. As average fund fees continue their slide from investors seeking lower-cost funds and price wars among some providers, it’s useful to understand what’s behind this trend. At […]

What's Next

DOL Seeking Feedback on Long-Debated Overtime Rule

Employers will get the opportunity to offer feedback on changes to the regulation governing which workers are eligible for overtime pay after the U.S. Department of Labor (DOL) published a Request for Information (RFI) in the Federal Register on July 26.

ACA

Senate Agrees to Consider Healthcare Bill (Update)

In the wee hours of July 27th, Senators Susan Collins, Lisa Murkowski, and John McCain—in a surprise moment of eleventh-hour drama—joined all of the Senate Democrats in voting down a so-called “skinny repeal” bill that would have permanently repealed the individual mandate, halted the employer mandate for 8 years, and made a few other relatively […]

tips

How Much ‘Side Work’ Can Employees Do and Still Be Paid Tipped Minimum Wage?

In a recent decision, Florida Federal District Judge James Moody upheld the U.S. Department of Labor’s (DOL) rule that a tipped employee may be paid a direct wage that is less than the Florida minimum wage of $8.10 per hour only if he spends no more than 20% of his time on duties that do […]

ponzi

Ponzi Scheme Involved Theft of Nearly $2 Million from Employee Benefit Plan

A multi-agency federal and state investigation has led to the guilty plea and imprisonment of Ohio businessman William M. Apostelos, who orchestrated a Ponzi scheme that included the theft of $1.9 million from an employee benefit plan. The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) and Office of Inspector General (OIG) participated in […]

letter

DOL Opinion Letters Rise from the Ashes

Opinion Letters written by federal Department of Labor (DOL) officials have served to explain a variety of legal principles and clarify fact-specific situations under the Fair Labor Standards Act (FLSA) since the FLSA became law in 1938.

gender

Research Indicates a More Level Playing Field for Gender-Dominated Jobs

Of the 785 occupations classified by the U.S. Bureau of Labor Statistics, two thirds have a higher concentration of men employed. However, a new study from CareerBuilder shows a greater number of women are moving into roles that have traditionally been held by the opposite sex—and vice versa.